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INDONESIA
Journal of Law Perspectives Review
Published by Catalist Indo Publisher
ISSN : -     EISSN : 31104878     DOI : https://doi.org/10.64670/jlpr
Core Subject :
Journal of Law Perspectives Review (JLPR) is an open-access and peer-reviewed academic journal focusing on legal studies and contemporary issues in law. We publish original and up-to-date articles that address significant theoretical, doctrinal, and practical legal issues relevant to Indonesia, Southeast Asia, and the global context. JLPR explores various aspects of law from multidisciplinary and critical perspectives, emphasizing legal development, justice reform, and the role of law in societal transformation at national and international levels. Main topics include constitutional law, administrative law, criminal law, civil law, international law, environmental law, human rights law, legal theory, and legal pluralism. We welcome original research articles, case analyses, theoretical studies, and literature reviews that offer new paradigms and critical insights into the evolving nature of law and legal systems. Each submission undergoes rigorous peer review by legal scholars and practitioners to ensure high scientific quality and global relevance.
Arjuna Subject : -
Articles 29 Documents
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Efektivitas Peraturan Pemerintah Nomor 22 Tahun 2022 dalam PerlindunganHukum dan Pemenuhan Hak Awak Kapal Perikanan Migran Sabrina Sugiatna; Dede Agus; Nuryati Solapari
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.13

Abstract

 Indonesia is a country with abundant marine resources due to the large number of islands in Indonesia,including large and small islands, with approximately 17,508 islands. The high number of islands inIndonesia makes this one of the livelihoods of the Indonesian people, especially those living on thecoastline, namely as fisheries crew members or fishermen. This study aims to analyze the effectiveness ofGovernment Regulation Number 22 of 2022 in providing legal protection and ensuring the fulfillment ofrights for migrant fisheries crew members. The research employs an empirical juridical approach, utilizingliterature review and field studies through direct interviews. The findings reveal that despite the existenceof this regulation, the implementation of legal protection for migrant fisheries crew members remainschallenging. Key issues include weak policy enforcement, limited supervision, lack of legal awarenessamong crew members, and bureaucratic obstacles that hinder access to legal assistance. Additionally,cases of exploitation and labor contract misinterpretation persist, particularly in the high-risk fisheriesindustry. The regulation establishes a clearer legal framework by defining the responsibilities ofplacement companies and the government in ensuring social protection, fair wages, work safety,insurance, and legal aid for crew members. However, gaps in enforcement necessitate collaborative effortsamong government agencies, fisheries companies, and non-governmental organizations. Strengtheningsupervision, legal enforcement, and empowering crew members through legal education and training arecrucial to improving protection. Continuous policy improvements and inter-agency coordination areexpected to enhance the effectiveness of legal protection for migrant fisheries crew members in Indonesia. 
Perlindungan Hukum Terhadap Penyewa Tanah Dari Pengelola Tanah Yang Hendak Dijual Pemilik Tanah Sebelum Masa Sewa Tegar Ananta Prakarsa; Glady Arga Maroena; Tiyas Vika Widyastuti; Evy Indriasari; Nuridin
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.14

Abstract

A lease agreement is an agreement set forth in a written agreement with the contents of the parties binding themselves to each other within a specified time and has an agreed price value that gives rise to an obligation for the tenant to pay for the goods or buildings he rents, but in practice the researcher found that there are things that harm the tenant such as by selling land without the knowledge of the party The tenant of the land certainly cannot be ignored, considering that the principle of an engagement agreement is good faith in an agreement, good faith means that one party intends not to interfere with allies or public interest The type of method used by the author is using the library research method (Library Research), which is a method used by studying literature books,  legislation, and other written materials. The results of this study show the Legal Protection of Land Tenants from Land Managers Who Want to Sell Land Owners Before the Lease Period and Land Rental Agreements from Land Managers Who Want to Be Sold by Land Owners. Based on the results of this research, it is hoped that it will be material for information and input from students, academics, and all parties in need, especially within the Faculty of Law, Pancasakti University of Tegal
Perbandingan Penagangan Hukum Anak Penggunaan Narkoba Di Indonesia Dan Malaysia Dimas Bayunegara; Alamsyah; Mario Marco
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.15

Abstract

The increasing rate of drug abuse among children and adolescents has become a serious concern that demands urgent attention from all levels of society. The severity of this issue calls for a united effort to combat drug trafficking and promote stronger legal frameworks that address the specific needs of young drug users. In particular, law enforcement approaches toward children and adolescents involved in drug abuse should emphasize not only criminal penalties but also rehabilitation and child protection. This study aims to compare how Indonesia and Malaysia legally handle cases involving juvenile drug offenders. Employing the Systematic Literature Review (SLR) method, this research analyzes various national legal documents, policies, and academic perspectives to explore the similarities and differences in both countries’ legal treatments. In Indonesia, the legal response to children involved in drug abuse is guided by a restorative justice approach, which is embedded in the Narcotics Law and the Juvenile Criminal Justice System Law. These laws focus on rehabilitation and reintegration into society, rather than solely on punitive measures. Meanwhile, Malaysia also adopts a comparable framework through several pieces of legislation, including the Dangerous Drugs Act 1952, the Child Act 2001, and the Juvenile Courts Act 1947. These laws aim to strike a balance between punishment and protection, acknowledging the unique status of children in conflict with the law. In conclusion, while both countries adopt progressive strategies to deal with juvenile drug abuse, the implementation reflects each nation’s distinct legal system and socio-cultural context.
Permohonan Pailit terhadap developer perumahan dalam Praktik Peradilan di Indonesia dan Malaysia Agung Hermansyah; Harul Surya Fernanda; Novaranty Zura Dwiputri
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.16

Abstract

This article aims to comparatively examine the legal mechanisms for filing bankruptcy petitions against housing developers in Indonesia and Malaysia, with a particular focus on the effectiveness of consumer protection. The research is motivated by the rising number of stalled housing projects and the weakened legal position of consumers, especially in Indonesia following the issuance of Supreme Court Circular Letter (SEMA) No. 3 of 2023, which restricts the use of bankruptcy petitions against property developers. This study employs a normative legal research method with a comparative law approach, analyzing statutory regulations, court decisions, and relevant legal literature from both countries. The findings reveal that Malaysia offers a more consumer-responsive insolvency framework through the implementation of escrow accounts, performance bonds, clear legal segmentation between individual and corporate bankruptcy, and the presence of a dedicated housing regulatory authority. In contrast, Indonesia continues to face legal uncertainty and lacks sufficient consumer protection mechanisms in bankruptcy cases involving developers. The study concludes that Indonesia’s bankruptcy law requires reform to become more adaptive and consumer-oriented. The recommendation includes strengthening bankruptcy regulations, integrating escrow account mechanisms into national law, and establishing an independent housing supervisory body to enhance developer accountability and ensure legal certainty for homebuyers.
Penyelesaian Sengketa Kesehatan Dengan Metode Non Litigasi, Mediasi, Arbitrase Dan Alternatif Lainnya Maryanto; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.17

Abstract

This article aims to analyze the effectiveness of non-litigation dispute resolution methods in the healthcare sector, focusing on mediation, arbitration, and other alternatives such as negotiation, conciliation, and expert determination. This study employs a qualitative approach through normative legal analysis and literature review of relevant Indonesian laws and regulations, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, the Medical Practice Law, and Supreme Court Regulation No. 1 of 2016 on Mediation Procedures. The findings indicate that non-litigation methods offer significant advantages over traditional litigation, particularly in terms of time efficiency, cost reduction, and the preservation of relationships between patients and healthcare providers. Mediation facilitates mutually beneficial agreements (win-win solutions), while arbitration provides binding decisions without lengthy court procedures. Additionally, internal complaint mechanisms and the roles of institutions such as the Indonesian Medical Disciplinary Honorary Council (MKDKI) contribute to the institutionalization of non-litigation approaches. In conclusion, non-litigation healthcare dispute resolution is a more adaptive, humane, and trust-based solution that aligns with the demands of responsive healthcare services. Enhancing legal literacy and institutional capacity in mediation practices is essential to broaden the implementation of these methods.
Tinjauan Yuridis Terhadap Pembuktian Hak Atas Tanah Menggunakan Eigendom Verponding Berdasarkan Peraturan Pemerintah (PP) Nomor 18 Tahun 2021: Studi Putusan 109/PK/PDT/2022 Ahmad Akmal As Syauki; Dede Agus; Jarkasi Anwar
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.33

Abstract

This article examines the legal basis and evidentiary strength of using colonial-era Eigendom Verponding in proving land rights under Indonesia's contemporary agrarian law, particularly after Government Regulation (PP) No. 18 of 2021 on Land Management Rights, Land Rights, Condominium Units, and Land Registration. Focusing on Supreme Court Judicial Review Decision No. 109/PK/PDT/2022 concerning the Dago Elos dispute, we show that non-converted eigendom titles lost their validity as private rights after the 24 September 1980 deadline and became state-controlled land. Nevertheless, historical documents can still function as supporting evidence to prioritize applications for new rights by former holders, while physical possession without registered basis remains weak. Methodologically, the study adopts a normative juridical approach using statutory, case, and conceptual analyses. The findings reaffirm Indonesia’s negative publication system: certificates provide strong, not absolute, proof; and orderly conversion/registration is decisive. The article clarifies the evidentiary pathway for claims involving colonial titles post-PP 18/2021 and offers practical implications for BPN, judges, notaries/PPAT, and litigators.
Tata Kelola Keuangan Negara Di Era Post Pandemi: Kajian Hukum Atas Pengelolaan Dana Pemulihan Ekonomi Nasional Ismarini Della purnama; Novaranty Zura Dwiputri; Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.34

Abstract

The COVID-19 pandemic compelled the Indonesian government to adopt extraordinary fiscal measures to maintain national economic stability. One of the key instruments was the National Economic Recovery (PEN) Program, which allocated Rp695.2 trillion in 2020 and increased in subsequent years. Although implemented under emergency conditions, the program remained subject to the principles of state financial governance mandated by national laws, particularly Law No. 1 of 2004 on State Treasury. This study examines the extent to which the principles of transparency, accountability, efficiency, and public participation were applied in the management of PEN funds during the post-pandemic period, and identifies legal and institutional challenges that hinder their implementation. Using a normative juridical approach combined with qualitative analysis of legislation, state financial reports, and audit findings from the Supreme Audit Agency (BPK), the research finds that despite adequate regulatory provisions, several gaps persist in practice. These include limited fiscal data integration, weak cross-sector oversight, inconsistent disclosure of budget realization, and insufficient mechanisms for meaningful public engagement. The study also highlights structural constraints within implementing agencies that reduce policy coherence and delay monitoring processes. Strengthening legal instruments, enhancing digital transparency systems, and improving public accountability frameworks are therefore essential to ensure effective and legitimate state financial management when responding to future crises.
Peran Media Sosial dalam Memicu Perceraian di Kabupaten Cianjur Amani Sabila; Alif Firmansyah; Delis Nia nadiyana; Eva Aulia Budiman; Mugianing Putri; Nadiyah Salma Wirahma; Dedi Mulyadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.35

Abstract

This study aims to reveal the role of social media in triggering divorce in Cianjur Regency. The first objective was to identify the impact of social media on divorce, particularly in the context of changes in communication patterns and behavior of married couples. The second objective was to analyze the main factors of social media use that influence divorce decisions, such as infidelity or jealousy triggered by online interactions. The method used was a qualitative approach with survey techniques and data analysis from the Cianjur Religious Court. The results showed that social media contributed to the increasing divorce rate through several factors, with economic factors as the main cause. Consumptive lifestyles displayed on social media often lead to unrealistic expectations and financial pressure in the household. In addition, social media also leads to disrupted communication, jealousy, and online infidelity. The research also found that digital footprints from social media are often used as strong evidence in divorce proceedings, such as screenshots of conversations or posts that show a breach of marital commitment. These findings underscore the importance of digital literacy, emotional management and healthy communication in the household to prevent the negative impact of social media on family harmony.
Tinjauan Yuridis Wanprestasi dalam Perjanjian Sewa Lahan Pemerintah Daerah Berdasarkan Buku III KUHPer dan PP No. 27 Tahun 2014 (Studi Kasus Auning Pedagang Stadion Maulana Yusuf Serang) Siti Safitri; Dede Agus; Rully Syahrul Mucharro
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.37

Abstract

The purpose of this study is to analyze the implementation of the land lease agreement at Maulana Yusuf Stadium in the development of traders’ auning between the Tourism and Sports Office and Basyar Alhafi, and to assess its legal consequences when reviewed from Book III of the Civil Code and Government Regulation Number 27 of 2014 concerning the Utilization of State Property. The research employs a normative juridical method using statutory, conceptual, and case approaches, supported primarily by secondary data and complemented by primary data. The analysis is carried out qualitatively. The findings show that the cooperation agreement formed between the Tourism and Sports Office and Basyar Alhafi did not comply with the required procedures because it was made without discussion or approval from the Mayor of Serang as the authorized holder of regional property management. This procedural defect renders the agreement inconsistent with applicable laws and regulations. Furthermore, the agreement cannot be canceled unilaterally because the tenant, Basyar Alhafi, rejected the cancellation. In conclusion, the dispute requires the Tourism and Sports Office to submit a lawsuit to the Serang District Court to annul the agreement and restore control over the regional property.
Perbandingan Bentuk Antara Negara Federal, Negara Konfederasi, dan Negara Kesatuan dalam Prespektif Ilmu Negara Dedi Mulyadi; Ira Putri Rahmasari; Zahra Mauliyah; Yudha Adhipratama; Asnita Anuar
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.38

Abstract

This article discusses a comparison between the forms of federal states, confederations, and unitary states from the perspective of the science of the state. The background of the study highlights the importance of understanding the differences in these governmental structures, as each form has a distinct system of power distribution. The research questions raised include the characteristics of each state form, differences in power distribution, and their impacts on governance and regional autonomy. The research method used is a literature study by analyzing theories in the science of the state and examining examples of countries that apply each form of government. The conclusion shows that federal states divide power between the central and regional governments, confederations emphasize the sovereignty of member states, while unitary states centralize power in the central government. Each system has its own advantages and disadvantages depending on the social, political, and cultural context of the respective country. This study also found that the choice of state form can influence political stability, resource management, and the relationship between the central and regional governments. Therefore, a comprehensive understanding of these governmental systems is essential in designing effective policies in a country.

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